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Section 125 Of The Constitution Act, 1867
Section 125 of the ''Constitution Act, 1867'' (french: article 125 de la Loi constitutionnelle de 1867) is a provision of the Constitution of Canada relating to taxation immunities of the federal and provincial governments. The section provides that the property of the provincial and federal governments are not subject to taxation. The ''Constitution Act, 1867'' is the constitutional statute which established Canada. Originally named the ''British North America Act, 1867'', the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867. It is now recognised as part of the supreme law of Canada. ''Constitution Act, 1867'' The ''Constitution Act, 1867'' is part of the Constitution of Canada and thus part of the supreme law of Canada. It was the product of extensive negotiations by the governments of the British North American provinces in the 1860s. The Act sets out the constitutional framework of Canada ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Proclamation Canadian Confederation
A proclamation (Lat. ''proclamare'', to make public by announcement) is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations and are usually issued in the name of the head of state. A proclamation is (usually) a non-binding notice. A general distinction is made between official proclamations from states or state organs with a binding character and proclamations from political-social groups or organizations, both of which try to win over the mood of those addressed. In addition, the procedure of proclaiming the beginning of a rule over a certain ruling territory is called a proclamation. For example, on July 26, 1581, the Proclamation of Dutch Independence was signed which led to the creation of the Dutch Republic in 1588, formally recognized in 1648 by the Peace of Münster. The announcement of the intention to marry two people, the bidding, was referred to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pith And Substance
Pith and substance is a legal doctrine in Canadian constitutional interpretation used to determine under which head of power a given piece of legislation falls. The doctrine is primarily used when a law is challenged on the basis that one level of government (be it provincial or federal) has encroached upon the exclusive jurisdiction of another level of government. The Constitution Act, 1867, which established a federal constitution for Canada, enumerated in Sections 91 and 92 the topics on which the Dominion and the Provinces could respectively legislate. Notwithstanding that the lists were framed so as to be fairly full and comprehensive, soon, it was found that the topics enumerated in the two sections overlapped, and the Privy Council repeatedly had to pass on the constitutionality of laws made by the federal and provincial legislatures. It was in this situation that the Privy Council evolved the doctrine that, for deciding whether an impugned legislation was ''intra vires'', ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trade And Commerce (Canadian Law)
Section 91(2) of the ''Constitution Act, 1867'', also known as the trade and commerce power, grants the Parliament of Canada the authority to legislate on: The development of Canadian constitutional law has given this power characteristics that are unique from those that are specified in the United States Constitution's Commerce Clause and the Australian Constitution's interstate trade and commerce power. Initial jurisprudence First examined in ''Citizen's Insurance Co. v. Parsons'' (1881), Sir Montague Smith of the Judicial Committee of the Privy Council determined its scope thus: Therefore, ''Parsons'' establishes three basic propositions about the trade and commerce power that have underlined all subsequent jurisprudence: Initially the scope for extraprovincial trade was set very narrowly by the Privy Council. In the ''Board of Commerce case'', the Privy Council suggested that the trade and commerce power applied only as an ancillary power to some other valid federal p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Johnnie Walker
Johnnie Walker is a brand of Scotch whisky now owned by Diageo that originated in the Scottish burgh of Kilmarnock in East Ayrshire. The brand was first established by grocer John Walker. It is the most widely distributed brand of blended Scotch whisky in the world, sold in almost every country, with annual sales of the equivalent of over 223.7 million 700 ml bottles in 2016 (156.6 million litres). History John Walker was born on 25 July 1805. His farmer father died in 1819, and the family sold the farm. Their trustees invested the proceeds, £417, in an Italian warehouse, grocery, and wine and spirits shop on the High Street in Kilmarnock, Ayrshire, Scotland. Walker managed the grocery, wine, and spirits segment as a teenager in 1820. The Excise Act of 1823 relaxed strict laws on distillation of whisky and reduced, by a considerable amount, the extremely heavy taxes on the distillation and sale of whisky. By 1825, Walker, a teetotaller, was selling spirits, including ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Customs Duties
A tariff is a tax imposed by the government of a country or by a supranational union on imports or exports of goods. Besides being a source of revenue for the government, import duties can also be a form of regulation of foreign trade and policy that taxes foreign products to encourage or safeguard domestic industry. '' Protective tariffs'' are among the most widely used instruments of protectionism, along with import quotas and export quotas and other non-tariff barriers to trade. Tariffs can be fixed (a constant sum per unit of imported goods or a percentage of the price) or variable (the amount varies according to the price). Taxing imports means people are less likely to buy them as they become more expensive. The intention is that they buy local products instead, boosting their country's economy. Tariffs therefore provide an incentive to develop production and replace imports with domestic products. Tariffs are meant to reduce pressure from foreign competition and r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
First Nations In Canada
First Nations (french: Premières Nations) is a term used to identify those Indigenous Canadian peoples who are neither Inuit nor Métis. Traditionally, First Nations in Canada were peoples who lived south of the tree line, and mainly south of the Arctic Circle. There are 634 recognized First Nations governments or bands across Canada. Roughly half are located in the provinces of Ontario and British Columbia. Under Charter jurisprudence, First Nations are a "designated group," along with women, visible minorities, and people with physical or mental disabilities. First Nations are not defined as a visible minority by the criteria of Statistics Canada. North American indigenous peoples have cultures spanning thousands of years. Some of their oral traditions accurately describe historical events, such as the Cascadia earthquake of 1700 and the 18th-century Tseax Cone eruption. Written records began with the arrival of European explorers and colonists during the Age o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Local Government In Canada
Local government in Canada can be defined as all elected local authorities which are legally empowered to make decisions on behalf of its electors, excluding the federal government, provincial and territorial governments, and First Nations, Métis and Inuit governments. This can include municipalities, school boards, health authorities, and so on. The most prominent form of local government in Canada is municipal government, which is a local council authority which provides local services, facilities, safety and infrastructure for communities. Municipal governments are local general-purpose authorities which provide services to all residents within a defined geographic area called a municipality. Canada has three orders of government, federal, provincial/territorial and local/municipal. According to Section 92(8) of the Constitution Act, 1867, ''"In each Province the Legislature may exclusively make Laws in relation to... Municipal Institutions in the Province."'' [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crown Corporations Of Canada
Crown corporations in Canada are government organizations with a mixture of commercial and public-policy objectives.Tupper, Allan. 2006 February 7.Crown Corporation" ''The Canadian Encyclopedia'' (last edited 2021 March 18). Retrieved 2021 May 19. They are directly and wholly owned by the Crown (i.e. the government of Canada or a province). Crown corporations represent a specific form of state-owned enterprise. Each corporation is ultimately accountable to (federal or provincial) Parliament through a relevant minister for the conduct of its affairs. They are established by an Act of Parliament and report to that body via the relevant minister in Cabinet, though they are "shielded from constant government intervention and legislative oversight" and thus "generally enjoy greater freedom from direct political control than government departments." Crown corporations are distinct from "departmental corporations" such as the Canada Revenue Agency. Crown corporations have a long-s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Rem
''In rem'' jurisdiction ("power about or against 'the thing) is a legal term describing the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have '' in personam'' jurisdiction. Jurisdiction ''in rem'' assumes the property or status is the primary object of the action, rather than personal liabilities not necessarily associated with the property. United States Within the U.S. federal court system, jurisdiction ''in rem'' typically refers to the power a federal court may exercise over large items of immoveable property, or real property, located within the court's jurisdiction. The most frequent circumstance in which this occurs in the Anglo-American legal system is when a suit is brought in admiralty law against a vessel to satisfy debts arising from the operation or use of that vessel. Within the American state court systems, jurisdiction ''in rem'' may refer to the power the state court may exe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Personam
''In personam'' is a Latin phrase meaning "against a particular person". In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint (E&W known as Particulars of Claim (CPR 1999) to give the court jurisdiction to try the case, and the judgment applies to that person and is called an "in personam judgment". In personam is distinguished from '' in rem'', which applies to property or "all the world" instead of a specific person. This technical distinction is important to determine where to file a lawsuit and how to serve a defendant. ''In personam'' means that a judgment can be enforceable against the person wherever he/she is. On the other hand, if the lawsuit is to determine title to property (''in rem'') then the action must be filed where the property exists and is only enforceable there. See also *Personal jurisdiction Personal jurisdiction is a court's jurisdiction over the ''parties'', as determined by the fac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada ( English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of Canada
The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents are an amalgamation of various codified acts, treaties between the Crown and Indigenous Peoples (both historical and modern), uncodified traditions and conventions. Canada is one of the oldest constitutional monarchies in the world. According to subsection 52(2) of the '' Constitution Act, 1982'', the Canadian Constitution consists of the '' Canada Act 1982'' (which includes the '' Constitution Act, 1982''), acts and orders referred to in its schedule (including in particular the '' Constitution Act, 1867'', formerly the ''British North America Act, 1867''), and any amendments to these documents. The Supreme Court of Canada has held that the list is not exhaustive and also includes a number of pre-confederation acts and unwritten componen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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